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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

McFadden v. Sassower, 27 Misc. 3d 45 (2010)

Citation
McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Parent Document
McFadden v. Sassower, 27 Misc. 3d 45 (2010)
Jurisdiction
New York (state)
Effective Date
2010-02-23

Full Text

711 chars
The petition alleges that the subject apartment is exempt from the Emergency Tenant Protection Act of 1974 (ETPA) by *49virtue of a resolution passed by the Common Council of the City of White Plains on September 9, 1992. That resolution is entitled “Resolution Removing Owner-Occupied Condominium and Cooperative Units From Regulation Under The Emergency Tenant Protection Act of 1974.” Tenant has argued that there is a question as to the rent regulatory status of the apartment and that it should be referred to DHCR. We find that the subject apartment is exempt from the ETPA under the resolution (see Harding v Engle, 184 Misc 2d 630 [App Term, 9th & 10th Jud Dists 2000] [construing the same resolution]).